(Applicable in Taiwan only)
Article 1: The main contract for each order (hereinafter “this Contract”) constitutes the basic terms of this Contract and, together with the contents of each order and the specific product terms (supplementary agreement), forms the complete contractual relationship.
Article 2: This Contract is a standard form agreement applicable to all installment sales contracts in which Xinchuan Telecom Co., Ltd. is the seller.
The seller under this Contract is Xinchuan Telecom Co., Ltd., hereinafter referred to as “Party A”.
The buyer under this Contract is the person who signs the “Party B” field in the “Supplementary Agreement” of this Contract, hereinafter referred to as “Party B”.
The subject matter of the sale under this Contract is hereinafter referred to as “the Product”.
Article 3: This Contract is translated into English, Indonesian, and Thai. Each language version is deemed an integral part of this Contract. However, in the event of any discrepancy or dispute arising from translation, the Chinese version shall prevail.
Article 4: This Contract consists of a Main Contract and a Supplementary Agreement.
The contents of the Main Contract are terms pre-drafted by the seller for use in similar contracts with a large number of consumers. Those terms are therefore published from the outset on a designated website (https://hokimotor.com), with the publication date indicated, to protect consumers’ right to fully review the Contract.
The Supplementary Agreement covers the subject matter of the contract, the price, and the place of payment, and must therefore be signed by the buyer and returned to the seller.
Article 5: Until Party B has paid the Product price and other related amounts in full, ownership of the Product and related accessories (including original packaging, warranty card, certificates, and other related documents) remains with Party A.
From the time Party B takes possession of the Product and related accessories, Party B may use them. However, until ownership of the Product and related accessories is obtained, Party B shall keep, care for, and use them with the care of a good administrator.
Unless otherwise agreed by the parties, from the time Party B takes possession of the Product and related accessories, Party B enjoys the benefits and bears the risks of the Product and related accessories.
Article 6: Vehicle Registration Change and Retention of Ownership (Conditional Sale)
After the buyer pays the first installment as agreed, the seller shall assist in changing the user and/or registered name on the motorcycle vehicle registration to the buyer’s own name.
Pursuant to Article 26 of the Taiwan Movable Property Secured Transactions Act, ownership of the motorcycle remains with the seller until the buyer has paid in full all installment amounts and other fees payable under this Contract. During the installment period, the buyer only obtains possession and the right to use the motorcycle. After the buyer has paid in full all installment amounts and other fees payable, the seller shall formally transfer ownership of the motorcycle to the buyer.
Before ownership of the motorcycle is transferred to the buyer, the buyer shall not resell, transfer, lease, pledge, mortgage, or otherwise dispose of or encumber the motorcycle in any form. If the buyer commits any of the foregoing breaches, the seller may terminate this Contract and repossess the motorcycle in accordance with law. If such acts violate applicable laws and regulations, the buyer shall bear the resulting legal liability.
Article 7: Delivery Process and License Plate Procedures
The motorcycle may be delivered by arrangement of the seller to a location designated by the buyer, or collected by the buyer at a location designated by the seller. The actual method of delivery shall be separately agreed by the parties.
The seller shall assist the buyer with applications related to the vehicle registration, license plate issuance, and related changes or updates.
Upon completion of delivery of the motorcycle, the buyer shall take a photograph together with the motorcycle showing the updated vehicle registration, and provide it to the seller to be retained as proof that delivery has been completed.
Article 8: Delivery and Possession of the Product
After the Product is delivered, Party B may possess and use the Product as agreed. Ownership of the Product nevertheless remains with Party A under this Contract until Party B has paid in full all installment amounts and other fees payable.
Party B shall properly keep, care for, and use the Product, and shall not engage in any damage, destruction, or other improper use. If the Product is damaged, lost, or diminished in value due to Party B’s intent or negligence, Party B shall be liable for the related compensation.
Article 9: Limited Warranty Terms and Repair Rules
The motorcycle is provided with a three-month limited warranty from the date delivery is completed. If a fault or abnormality is found during the warranty period, the buyer shall follow the repair procedures set out in this Contract. The seller shall not bear repair costs incurred without the seller’s prior confirmation and consent.
If a fault or abnormality occurs during the warranty period, the buyer shall take the motorcycle to a seller-affiliated or designated shop near the buyer’s location for inspection.
Before any inspection, disassembly, or repair, the shop shall contact the seller so the seller can confirm and inspect by video call. Repair may proceed only after the seller’s prior consent. If the buyer or shop carries out repairs without video confirmation and prior consent from the seller, all resulting costs shall be borne by the buyer, and the seller shall have no liability for any costs or compensation.
The warranty is limited to natural faults of the motorcycle engine (prime mover). If the fault is not caused by human factors, the seller shall provide warranty repair or bear related repair costs according to the actual circumstances.
This warranty does not cover damage or faults caused by traffic accidents, improper operation, failure to maintain the motorcycle in accordance with manufacturer specifications, unauthorized modification, natural disasters, or other abnormal use. It also excludes parts and consumables that wear or are used up in normal use, including but not limited to tires, brake pads, bulbs, spark plugs, and engine oil. Related repair and replacement costs shall be borne by the buyer.
Article 10: Default Liability and Loss of the Benefit of Time (Acceleration Clause)
If the buyer fails to pay any installment when due and still fails to perform the payment obligation within the specified period after demand by the seller, the buyer loses the benefit of time. The seller may invoke the acceleration clause under this Contract, so that all remaining unpaid installments that have not yet fallen due shall be deemed immediately due, and the buyer shall pay the entire remaining balance and other amounts payable in a lump sum.
In the event of late payment, the seller may charge default interest at a rate of 16% per annum on overdue amounts, calculated daily, and may repossess the motorcycle in accordance with the Movable Property Secured Transactions Act and related laws and regulations. Except as otherwise provided by law, the buyer shall not unreasonably refuse or obstruct such repossession carried out by the seller under this Contract and the law.
Article 11: Other Provisions and Competent Court
Matters not covered by this Contract shall be handled in accordance with the applicable laws of the Republic of China (Taiwan), including but not limited to the Civil Code, the Movable Property Secured Transactions Act, and the Consumer Protection Act.
Any dispute arising from or in connection with this Contract shall be subject to the jurisdiction of the Taiwan Kaohsiung District Court as the court of first instance. If the parties may not agree on jurisdiction by law, jurisdiction shall be determined in accordance with applicable law.
